Hon'ble Court disposed of a writ petition regarding agriculture loan default, allowing deposit via installments, staying recovery proceedings, and releasing attached property upon first payment.
Recovery stayed; petitioner to deposit debt in eight quarterly installments; attached property to be released after first payment.
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Court No. - 7
Case :- WRIT - C No. - 20983 of 2018
Petitioner :- Govinda And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ved Prakash Ojha Counsel for Respondent :- C.S.C.,Sanjai Singh
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Ved Prakash Ojha, learned counsel for the petitioners, learned standing counsel for respondent nos. 1,2 and 3 and Sri Uma Dutt Shukla holding brief of Sri Sanjai Singh, learned counsel for respondent no.4 bank.
Learned counsel for the petitioners states that the petitioners have taken agriculture loan from respondent no. 4, which could not be fully repaid and without adjustment of the amount paid, a citation of Rs.8,86,893/- dated 20.2.2018 has been issued by the respondent no.3. He further states that the petitioners being a farmer of Bundelkhand region, is facing acute financial crisis.
Learned counsel for the petitioners further states that the petitioners are ready to deposit the entire legally due amount with respondent no.4 in easy instalments. He submits that an order dated 20.3.2018 in Writ-C No.10198 of 2018 (Ramkankan and 2 others v. State of U.P. and 3 others) has been passed by this Court in similar circumstances in the matter of agriculture loan, therefore, similar order may be passed in the present writ petition.
Learned counsel for the respondents including the respondent bank has no objection.
In view of the aforesaid, this writ petition is disposed of with the following directions:-
(i) Petitioners may deposit the entire amount sought to be recovered, directly in the concerned Bank in eight equal quarterly installments .
(ii) The first installment shall be deposited by 15th day of the next month and the rest of installments shall be deposited at an interval of three months thereafter. These deposits shall be made before the Branch of the Bank from where the loan was taken.
(iii) Recovery proceedings during this period will be kept in abeyance. In case petitioner commits default in depositing any of the installments within the above stipulated time, it will be open to the respondents to start the recovery proceedings again by taking coercive process to which the petitioners undertake not to challenge.
(iv) Petitioners may file an application within two weeks from today for supply of statement of account along with the duly stamped self addressed envelope. In case any such application is filed, the concerned branch of the Bank will give the copy of statement of account to the petitioners within next fifteen days. In calculating the arrears, the amount (if any) already paid will be adjusted.
(v) Property (agricultural land/tractor) belonging to the petitioners, if attached, in connection with recovery proceedings, will be released by the concerned Tehsil authority (unless it has been auctioned) after deposit of first installment.
(vi) In case all the installments are deposited as per the schedule fixed in this order,
the recovery of the collection charges would remain in abeyance till such time the Collector decides the application that may be filed by the petitioners for determining collection charges/fee as per the legal provisions and also taking into consideration the Full Bench decision of this Court in the case of Maharajwa and others versus State of U.P. and others, reported in 2013(1) ADJ 426 (FB) . Upon determination of collection charges/fee the Collector will communicate the same to the petitioners and upon communication of the same it would be open to the petitioners to either deposit the same within a period of 30 days or if not satisfied with the same may assail the order of the Collector in appropriate proceedings.
The writ petition is disposed of with the directions aforementioned.
Order Date :- 5.6.2018 Ak/
1 issue framed by the court
Whether in similar circumstances regarding agriculture loan defaults, relief can be granted allowing payment in installments and staying recovery proceedings.
Colour shows how this judgement treated each authority
Ramkankan and 2 others v. State of U.P. and 3 othersReferred¶7
Ramkankan and 2 others v. State of U.P. and 3 others
Maharajwa and others versus State of U.P. and othersReferred¶16
Maharajwa and others versus State of U.P. and others, 2013(1) ADJ 426 (FB)
Govinda
State Of U P
Bank
Surya Prakash Kesarwani
As recorded by the court registry
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